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Scriptures without note or comment shall be used in any of the said schools : provided that nothing herein contained shall be so construed as to violate the rights of conscience, as secured by the Constitution of this state, and the United States."
It is made the duty of the commissioners, inspectors and trustees in each ward, from time to time, and as frequently as need be, to examine, ascertain and report to the board of education whether these provisions have been violated : and the commissioners in the several wards are to transmit to the board all reports made to them by the trustees and inspectors of their respective wards. The board of education and any member thereof, may at any time visit and examine any school subject to the provisions of the act, and individual commissioners may report to the board the result of their examinations.
Where the share of school moneys apportioned to any school or society, shall exceed its necessary and legal expenses, the board of education are to authorize the payment only of such amount as may be necessary, and to pay the balance remaining, on deposit to the credit of such school, into the city treasury: and in case of any deficiency in the amount so apportioned, to meet such necessary expenses in any case, such deficiency is to be supplied by the common council, in anticipation of the annual tax for the support of common schools, on the certificate of the board of education, stating the cause of such deficiency, and that it was unavoidable.
The board of education are required to file with the city chamberlain, on or before the first Monday of April in each year a copy of their apportionment, specifying the amount to be paid to the commissioners of each ward, and to the trustees, managers or directors of the several schools entitled to participate in such apportionment : and the chamberlain is authorized to pay the several sums so apportioned, on the drafts of either of the commissioners, trustees, or other persons duly authorized to receive the same, countersigned by the president and clerk of the board of education. They are also required on or before the first Monday of July in each year to report to the board of supervisors, an estimate of the probable amount which will be required to be raised during the year, for the purpose of meeting the current annual expenses of common school instruction, and whether more or less than one-twentieth of one per cent in addition to an equal amount with the state quota will be necessary, which amount so reported the board of supervisors, or the common council, on their application, are required to cause to be raised on the taxable property of the city; and the board of education are authorized to retain from the amount so raised the sum of five hundred dollars for the purpose of defraying their necessary incidental expenses, and such further sum as may be required for the payment of the salary of their clerk.
All expenses incurred for the support of common schools in the respective wards, are to be certified by the trustees and inspectors of such ward, or a majority of them, and delivered to the commissioners whose duty it is to audit, examine and pay the same, from the funds in their hands or which have been deposited to their credit: and to file the bills with the board of education.
Whenever an apportionment of public money shall not be made to any school in consequence of any accidental omission to report in accordance with law, or to comply with any other provision of law or any regulation, the board of education are authorized to direct an apportionment according to the equitable circumstances of the case.
The board of education are required annually, between the first day of May and the first day of June in each year, to make and transmit to the county clerk a report bearing date on the first day of May, stating
1st. The whole number of schools within their jurisdiction, specially designating the schools for colored children;
2d. The schools or societies from which reports shall have been made to the board of education, within the time limited for that purpose;
3d. The length of time each school shall have been kept open;
4th. The amount of public money apportioned or appropriated to each school or society;
5th. The number of children taught in each school ;
6th. The whole amount of money received by the commissioners or by the societies and schools enumerated in
the eleventh section, for the purposes of common school education during the year ending at the date of their report, distinguishing the amount received from the general fund of the state and from any other and what source ;
7th. The manner in which such moneys shall have been expended, and whether any and what part remains unexpended, and for what cause;
8th. With such other information as the Superintend. ent of Common Schools may from time to time require in relation to common school education in the city and county of New-York.
In case of neglect to make such annual report within the limited period, the share of school moneys apportioned to the city and county of New York rnay, in the discretion of the Superintendent of Common Schools, be withheld until a suitable report shall have been rendered.
The commissioners of each ward are required to keep a just and true account of all school moneys received and expended by them or carried to their credit, and on or before the first Monday of June in each year, to render to the board of education a just and true account in writing of all school moneys by them respectively received before the time of rendering such account, and the manner in which the same shall have been expended by them; and the account so rendered is to be filed and recorded in the office of the clerk of the board of education. If, on rendering such account, any balance shall be found remaining in the hands of the commissioners, or any of them, or standing to their credit, the said balance is to be paid over or carried to the credit of the commissioners of the ward for the ensuing year.
The board of education have the powers and privileges of a corporation so far as to enable them to take and hold any property transferred to them for the purposes of common school education in the city and county of New-York.
No compensation is to be allowed to the commissioners, inspectors, or trustees of common schools, for any services performed by them, but they are entitled to receive their actual and reasonable expenses while attending to the duties of their office, to be audited and allowed by the board of supervisors.
The commissioners of each ward are required within thirty days after their election, to execute and deliver to the board of supervisors, a bond, with such surety or sureties as said supervisors shall approve, in the penalty of double the amount of public money appropriated to the use of the common schools of their respective wards, the preceding year, conditioned for the faithful performance of the duties of their office, and the proper application of all moneys coming into their hands for common school purposes; and such bond is to be filed by the said supervisors in the office of the county clerk.
The commissioners of common schools in each ward, together with the inspectors elected in their ward, are the inspectors of common schools of their ward ; and invested with all the powers and required to perform all the duties appertaining to such office under the general school act. Two inspectors, at least, must concur in a certificate of qualification to teachers, and no teacher can be employed in any of the schools organized under the act, who does not bold such certificate. The several schools are to be visited and examined by the inspectors monthly at least. Any certificate of qualification may be annulled by the inspectors, on a notice of ten days to the teacher holding such certificate: and to the trustees of the ward in which he may be employed ; to take effect, however, only on the approbation of the board of education and filing with the clerk a note of the time when such certifi. cate was annulled.
The trustees of each ward are charged with the custody and safe-keeping of all the property belonging to the schools organized under the act in their respective wards: they contract with and employ all the teachers in said schools ; pay their wages and the other expenses of the school by drafts on the commissioners of the respective wards, and procure the necessary blank books, in one of which are to be entered the accounts of all moneys receive ed and paid by them, and a statement of all the moveable property of the school, and in the other the names of the scholars attending school, and the number of days they have respectively attended, duly verified by the affidavit of the principal teacher. They are also, together with the trustees or managers of the various schools and societies entitled to participate in the public. moneys, to make and transmit to the board of education, on or before the 15th of February, in each year, a report in writing, signed and certified by a majority of the trustees making it, or by the presiding officer and secretary of such societies or schools, setting forth,
1st.' The whole number of schools within their jurisdiction, specially designating the schools for colored children;
2d. The length of time each school shall have been kept open;
3d. The whole number of scholars over four and under sixteen years of age, which shall have been taught, free of expense to such scholars, in their schools, during the year preceding the first day of February, which number shall be ascertained by adding to the number of children on register at the commencement of each year, the number admitted during that year, which shall be considered the total for that year.
4th. The average number that has actually attended such schools during the year, to be ascertained by the teachers keeping an exact account of the number of scholars present every school time or half-day; which being added together and divided by four hundred and eighty, shall be considered the average of attending scholars, which average shall be sworn or affirmed to by the teachers.
5th. The amount of moneys received during the last year from the commissioners of school money, or from the chamberlain, and the purposes for, and the manner in which the same shall have been expended.
6th. A particular account of the state of the schools, and of the property and affairs of each school under their respective care, with such other information as the board of education shall from time to time require. For any false report, with intent to obtain a greater share of public money than belongs to the district society or school, the trustee or officer signing the same, forfeits the sum of twenty-five dollars, and is to be deemed guilty of a misdemeanor.
All personal property vested in, or hereafter to be trans