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submitted, and that such bonds, if issued and sold were sold at not less than par and at a rate of interest no greater than was authorized by the statute under which such bonds were issued, notwithstanding any irregularity or technicality in the form of proposition or resolution proposing or authorizing such issue, or in the notice of the election or of the meeting of the board or body adopting such resolution or authorization, or in the time or manner of service thereof, or in the conduct of the election or meeting at which such proposition or authorization was adopted, or in that such proposition was submitted more than once within one year or other shorter period than authorized by law, or, if such bonds have already been issued in the manner of issuance or sale thereof, or in the time or times of payment thereof, notwithstanding any other technical or formal irregularity of like nature in such proceedings. If the court is satisfied that the proceedings for the issuance and sale of such bonds did not substantially comply with the statute under which it was proposed to issue and sell the same or under which the same were issued and sold, he may make an order accordingly specifying the particulars in which he deems that such proceedings failed to comply with such statute.

§ 27 Appeal. An appeal may be taken to the Appellate Division from the order of the Supreme Court legalizing and confirming such proceedings, or refusing to legalize and confirm the same. Such appeal must be taken within ten days after the entry of the order, by the service of the notice of appeal upon all the parties to such proceeding who appeared personally or by counsel at the hearing before the Supreme Court. The decision of the Appellate Division thereon shall be final.

§ 28 Effect of determination. If the order of the Supreme Court legalizes and confirms such proceedings, upon the expiration of the time to appeal therefrom if no appeal be taken, or upon the entry of the final order of the Appellate Division confirming such order of the Supreme Court, such proceedings, shall be deemed legalized and confirmed. If such proceeding was instituted to legalize and confirm proceedings prior to the issuance and sale of such bonds, the officer or officers of such municipal corporation authorized to issue such bonds may issue and sell the same accordingly, and the validity of such bonds shall not thereafter be in any manner questioned by reason of any defect or irregularity in such preliminary proceedings, and notwithstanding any such irregularity or defect shall be binding and legal obliga

tions upon the municipal corporation issuing and selling the same. If such proceeding was instituted to legalize and confirm the proceedings for the issue and sale of bonds that were issued and sold at the time such proceeding was instituted, such bonds shall be valid and binding obligations upon the municipal corporation, in like manner, and the validity thereof shall not in any manner be questioned by reason of any irregularity or defect in the proceedings for the issue and sale of such bonds, or in the form thereof.

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§ 29 Definitions. The term "municipal corporation used in this article includes a city, county, village, town, school district, sewer district, water district, lighting district or any other district or territory authorized by law to issue bonds.

The term "bonds" as used in this article includes bonds, corporate stock, certificates of indebtedness or any other obligations whereby a municipal corporation agrees to pay a stated sum of

money.

Interest on Bonds

(General Municipal Law, Sec. 21)

§ 21. Maximum rate of interest on municipal bonds. If in any general or special law passed before January first, nineteen hundred eighteen, authorizing or requiring an issue of bonds by a municipal corporation, or by any department, board, commission, or officer thereof, a maximum rate of interest on the bonds to be issued thereunder be prescribed, the rate of interest on such bonds hereafter issued in pursuance of such general or special law may be fixed by the department, board, commission or officer charged by law with the duty of issuing such bonds at any rate not more than the legal rate of interest, notwithstanding the provisions of such general or special law prescribing a different maximum rate. The term “municipal corporation" as used in this section includes a city, county, village, town, school district, sewer district, water district, lighting district or any other district or territory authorized by law to issue bonds, and the term "bonds" includes bonds, corporate stock, certificates of indebtedness or any other obligation whereby a municipal corporation agrees to pay a stated sum of money. [Added by L. 1911, ch. 573, and amended by L. 1918, ch. 23, in effect March 4, 1918.]

ARTICLE 18

School Moneys

Section 490 When apportioned and how applied

491 Apportionment of moneys appropriated for the support of common schools

491-a Additional apportionment of school moneys

492 Conditions under which cities and districts are entitled to an apportionment from the appropriation for the support of common schools

493 Apportionment of moneys appropriated to cities, academies, academic departments and school libraries

494 Manner of certifying and paying apportionment provided for in preceding section

495 County treasurers to render annual report

496

Certificate of apportionment by Commissioner of Education 497 Moneys apportioned, when and how payable

498 Apportionment of school moneys by district superintendents
499 Duty of and payment to supervisor

500 Power of Comptroller to withhold payment of school moneys
501 Union free school district and city, a school district
502 Apportionment for support of training classes

When apportioned and how applied. The amount annually appropriated by the Legislature for the support of common schools shall be apportioned by the Commissioner of Education on or before the twentieth day of January in each year as hereinafter provided; and all moneys so apportioned shall be applied exclusively to the payment of teachers' salaries.

$ 491 Apportionment of moneys appropriated for the support of common schools. After setting apart therefrom for a contingent fund not more than ten thousand dollars, the Commissioner of Education shall apportion the money appropriated for the support of common schools:

1 To each city and to each union school district which has a population of five thousand and which employs a superintendent of schools, eight hundred dollars. This shall be known as a supervision quota.

2 To each district having an assessed valuation of twenty thousand dollars or less, two hundred dollars.

3 To each district having an assessed valuation of forty thousand dollars or less, but exceeding twenty thousand dollars, one hundred and seventy-five dollars.

4 To each district having an assessed valuation of sixty thousand dollars or less, but exceeding forty thousand dollars, and to each Indian reservation for each teacher employed therein for

a period of one hundred and eighty days or more, one hundred fifty dollars. [Subdivision 4 amended by L. 1917, ch. 74, in effect March 20, 1917.]

5 To each of the orphan asylums which meet the conditions mentioned in article 35 of this chapter, one hundred and twentyfive dollars.

6 To each of the remaining districts and to each of the cities in the State one hundred twenty-five dollars. The apportionment provided for by subdivisions 2, 3, 4, 5 and 6 shall be known as district quotas.

7 To each such district, city and orphan asylum for each additional qualified teacher and his successors by whom the common schools have been taught during the period of time required by law, one hundred dollars. The apportionment provided for by this subdivision shall be known as the teachers' quota.

8 To a school district or a city which has failed to maintain school for one hundred eighty days or which has employed an extra teacher for a shorter period than one hundred eighty days such part of a district or teacher's quota as seems to him equitable when the reason for such failure is in his judgment sufficient to warrant such action; but in case such failure to maintain a school in such district or city for a period of one hundred eighty days was caused by the prevalence of an infectious or contagious disease in the community, the Commissioner may in his discretion apportion to such district or city full district and teachers' quotas. [Subdivision 8 amended by L. 1917, ch. 74, in effect March 20, 1917.]

9 To each separate neighborhood such sum as in his opinion it is equitably entitled to receive upon the basis of distribution established by this article.

10 All errors or omissions in the apportionment whether made by the Commissioner of Education or by the school commissioner shall be corrected by the Commissioner of Education. Whenever a school district has been apportioned less money than that to which it is entitled the Commissioner of Education may allot to such district the balance to which it is in his judgment entitled and the same shall be paid from the contingent fund. Whenever a school district has been apportioned more money than that to which it is entitled the Commissioner of Education may, by an order under his hand, direct such moneys to be paid back into the hands of the county treasurer by him to be credited to the school fund, or he may deduct such amount from the next apportionment to be made to said district.

11 The Commissioner of Education may also in his discretion excuse the default of a trustee or a board of education in employing a teacher not legally qualified, legalize the time so taught and authorize the payment of the salary of such teacher.

§ 491-a Additional apportionment of school moneys. 1 In addition to any other apportionment or quota provided for in this article, to be applied to the payment of teachers' salaries, the commissioner of education shall apportion and pay annually, at the same time and in the same manner as public school moneys are apportioned and paid under this article, or prior thereto in the discretion of the commissioner of education, to each city school district and to each common or union free school district, from moneys appropriated for the support of common schools, for each teacher employed in the school or schools of such district who shall have taught during the period required by law, as follows:

(a) In cities of the first class containing a population of over one million, six hundred dollars.

(b) In cities of the first class containing a population of less than one million; in cities of the second class containing a population, according to the federal census of nineteen hundred and twenty, of over one hundred and fifty thousand; in a city school district in a city of the third class adjoining a city of the first class containing a population of less than one million; and in cities of the second and third classes in a county adjoining a city having a population of over one million, which county has a population of over three hundred thousand, five hundred and fifty dollars.

(c) In other cities of a population of fifty thousand or more and in union free school districts wholly situated within such cities, four hundred and fifty dollars.

(d) In other cities of a population of less than fifty thousand and in union free school districts authorized by law to have superintendents of schools three hundred and fifty dollars.

(e) In other union free school districts maintaining academic departments, three hundred and fifty dollars.

(f) In each other school district employing more than one teacher, three hundred dollars.

(g) In each other school district employing but one teacher and having an assessed valuation exceeding one hundred thousand dollars, two hundred dollars.

(h) In each other school district employing but one teacher and having an assessed valuation of one hundred thousand dollars or less, two hundred dollars, and in addition thereto the sum of three

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