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ferred to the trustees of any ward for the use of schools in such ward is to be held by them as a corporation.
Every trustee of a ward on the expiration of his official term, is to render to his associates a just and true account in writing of all moneys received by him for school purposes, and of the mode of its expenditure; and to pay over to them any balance appearing to be due. For refusal or neglect to render such account, or pay over such balance, a forfeiture of fifty dollars is incurred, to be sued for and collected by the board of supervisors, together with such unpaid balance.
Commissioners and trustees are protected against a judgment for costs in suits commenced against them for any act performed by virtue of, or under color of their offices, (except suits for penalties, or suits or proceedings to enforce the decisions of the Superintendent) where the court shall certify that it appeared on the trial that such officers acted in good faith.
All children between the ages of four and sixteen, residing in the city, are entitled to attend any of the common schools therein, without charge for tuition.
The County Superintendent is biennially appointed by the board of supervisors, and possesses the same general powers, and is required to perform the same general duties in reference to the schools of such city, as are conferred and imposed upon other County Superintendents under the general school act, with the exception of jurisdiction on appeal. In case of a vacancy in his office, the common council are authorized to fill the same, until the next meeting of the board of supervisors.
In case of the death or resignation of any member of the board of education, or of any inspector or trustee, or of a neglect or refusal to qualify or give the prescribed security, on the part of any commissioner, inspector, or trustee, the vacancy so occasioned is to be filled by the common council until the next annual election.
[Chap. 211, Laws of 1843.) The village of Poughkeepsie forms a permanent school district, not subject to alteration by the Town Superintendent of common schools. A board of education, con
sisting of twelve persons, divided into four classes, one of which is annually to be elected, have the general supervision, control and management of the schools and school property. One good and substantial school-house is to be provided by the board, containing two rooms, of suffi. cient capacity to accommodate not less than one hundred and twenty-five pupils, for the erection of which and the purchase of a site, the sum of three thousand dollars is speci. fically appropriated by law. They are also to rent five other rooms for primary schools, for which the necessary funds are provided, and are authorized, whenever they may deem it necessary to establish other primary schools, including the school of the Lancasterian School Society, with the consent of the trustees thereof: and to fix, determine, and certify the amount of money, which, when added to the money annually apportioned by the state, shall be adequate to the support of all the schools under their superintendence-not exceeding four times the amount apportioned by the state for the preceding year. The amount so certified is to be reported by the trustees to the citizens of the village at their annual charter election, who, in their discretion, may vote the same, or any portion they may deem proper, lo be levied on the taxable prnperty of the village, by the trustees, and when collected, paid over to the treasurer of said village, to be by him disbursed, on the resolution of the board of education, duly certified. Whenever the board deem an additional school-house necessary, they are to specify that fact in their annual report, together with the proposed location of such school-house, the cost of its site, and of the building, and a plan of the latter : and the electors of the village, at the period of the annual election of the members of the board, as herein before specified, are required to vote by ballot for or against the erection of such school-house: the cost of building and furnishing of which, in case of the approval by the electors of its erection, can in no event exceed three thousand dollars; and the expense of its erection is to be defrayed by a loan, payable after the expiration of twelve years, in equal annual instalments of five hundred dollars each, by a general tax on the real and personal property of the village. The board of education are invested with the general powers and duties of
Town Superintendents, except as modified by the special provisions herein referred to.
The public money applicable to the village schools, is to be paid over by the Town Superintendent to the treasurer of the village.
CITY OF ROCHESTER,
(Chap. 208, Laws of 1841.] [Chap. 145, Laws of 1844.) The several district schools organized and established according to law in this city, are under the general control of a Board of Education, consisting of two Commissioners of common schools annually elected in each of the wards of the city, on the first Tuesday of June, in the same manner with other city officers, who are vested with all the rights, powers and authority, conferred by law on Town Superintendents of common schools, in the several towns of the state. Any vacancy in the board may be filled by appointment by the common council. The board are required to meet on the first Monday of each month, and as much oftener as they shall from time to time appoint, and a majority constitutes a quorum for the transaction of business. One of their number is to be appointed president, who, when present, is to preside at all meet. ings of the board, and is authorized to call special meet. ings, whenever he may deem it expedient; and in case of his absence, the board are authorized to choose a president pro tem. They are required annually to appoint a City Superintendent of common schools, removeable at pleasure by them, who is ex officio clerk of the board, whose duty it is to attend their meetings, keep a record of their proceedings, and perform such duties as they may from time to time prescribe, and who possesses all the powers, and is required to perform all the duties of County Superintendent, in reference to the schools of said city. His compensation is to be fixed by the board, and paid by the city treasurer from the funds raised for the support of common schools.
On or before the third Tuesday of July in each year, the Board of Education is required to “ fix and determine and certify and report to the common council, the amount of money which, when added to the money annually apportioned to the several school districts of the said city,
out of the funds belonging to the state, shall be necessary to support all the common schools in said city, and to pay the compensation of the clerk of the said Board of Education;" such amount in no case to exceed five times the amount of the last preceding state apportionment. This amount, so certified and reported by the Board of Education, together with the sum of three hundred dollars for contingent expenses, (unless the common council reduce the amount so certified and reported to an amount not less than four times the amount so apportioned by the state, which they are authorized to do,) is to be annually levied and raised by the common council, on the taxable property of the city; and together with the sum apportioned by the state, to be paid over when collected to the city treasurer, who is required from time to time to disburse the same, upon the resolution of the Board of Education, duly certified by the president and City Superintendent. The apportionment of these funds is to be made by the board, in the same manner as the school moneys are apportioned in the several districts of the state.
Whenever the inhabitants of any of the districts signify, by vote, their intention to build a school-house, the Board of Education are required to fix the site of such house, and to determine the sum necessary to be raised for the purchase thereof and for building a school-house thereon—such sum in no case to exceed three thousand dollars—which they are to report to the common council, whose duty it is to levy and raise by tax upon the taxable inhabitants of such district, the sum so reported, or the amount to which they may reduce the same. When collected, the amount is to be paid over to the city treasurer and credited to the district; and is payable by such treasurer to the trustees, on the resolution of the Board of Education, duly certified as aforesaid. · The Board of Education, exclusively, are required to audit all accounts and claims against any school district of the city, and payment of the same is required to be made directly to the claimants by the city treasurer, out of the moneys belonging to such district, upon a duly certified resolution of the board.
The names of the trustees and other officers of school
districts are, within ten days after their election, to be re. turned by the district clerk to the Board of Education.";}
The Board of Education are authorized to separate any portion of a school district in the city, annexed to or united with a portion of a district in any of the adjoining towns, without the consent of the Town Superintendent of the latter.
The Board of Education are authorized - to establish and cause to be kept, such number of schools in said city for the instruction of colored children, as they shall deem expedient,” of which schools they are to possess all the power, and be subject to all the duties and responsibilities, of trustees of common schools in the town, so far as the same are applicable, and to pay the compensation of the teachers, of the said schools, and all the other expenses thereof, out of the moneys raised by tax for the support of common schools ; and until such schools are provided, no tax for the support of common schools can be imposed upon the property of any colored inhabitant of said city. Whenever they determine to establish such schools, they are to divide the city into convenient districts for the ac. commodation of such children; to make an estimate of the expense of erecting a suitable school-house in each of the said districts; to determine the sites thereof respectively; and to report their doings to the common council, who, at their option are authorized to raise by a general tax on the city and on a separate warrant, such sum as shall be necessary to build a school-house in each of the said districts, or in as many of them as they may deem expedient, not exceeding in the aggregate the sum of five thousand dollars. In case of a refusal by the common council' to raise such tax, the board of education are'au. thorized to lease suitable rooms or buildings for the accommodation of such schools, or either of them, provided the annual expenditure for this purpose does not exceed. five hundred dollars.
Any person feeling himself aggrieved by any decision of the trustees of any school district in said city, may appeal to the board of education, whose decision or determination is declared to be binding and conclusive upon such trustees, until reversed by competent authority; and