the issuance of bonds of said city to defray the expense of the construction, improvement and equipment of school buildings or the purchase or acquisition of school sites, which expense shall not have been included in the budget, in such amounts and payable at such times and places and, having such rates of interest, not exceeding six per centum per annum, as said council may determine, interest to be paid semi-annually, said bonds, however, to be due in not more than fifty years from their date and to be sold for not less than their par value and accrued interest. Such bonds may be made payable in equal proportions during a number of successive years not exceeding a period of fifty years from their issuance, as the council shall determine. Such bonds shall be issued and sold by the authorities of the city in the same manner that bonds for other municipal purposes are issued and sold and the proceeds of the sale of such bonds shall be paid into the treasury of the city and placed to the credit of the board of education. As such bonds become due the municipal authorities of the city shall include in the tax levy, and assess upon the property of the city, the amount necessary to pay such bonds and interest thereon.

4. In a city having a population of one million or more, the board of estimate and apportionment may in its discretion annually cause to be raised such sums of money as may be required for

purposes enumerated in subdivision c of section eight hundred and seventy-seven of this act, in the manner provided by law for the raising of money for such purposes. [Added by L. 1917, ch. 786, in effect June 8, 1917.]

5. In a city in which the boundaries of the school district or districts are not coterminous with the city boundaries, taxes may be raised in installments and district bonds issued for any of the purposes enumerated in paragraph c of subdivision one of section eight hundred and seventy-seven of this chapter, in the manner provided and under the conditions prescribed by the education law for the levy and collection of taxes in installments and the issue and sale of bonds of union free school districts. [Added by L. 1918, ch. 252, in effect April 17, 1918.]

§ 880. Funds; custody and disbursement of. 1. Public moneys apportioned to a city by the state and all funds raised or collected by the authorities of a city for school purposes or to be used by the board of education for any purpose authorized in this chapter, or any other funds belonging to a city and received from

any source whatsoever for similar purposes, shall be paid into the treasury of such city and shall be credited to the board of education.

2. Such funds shall be disbursed only by authority of the board of education and upon written orders drawn on the city treasurer or other fiscal officer of the city. Such orders shall be signed by the superintendent of schools and the secretary of the board of education or such other officers as the board may authorize. Such orders shall be numbered consecutively and shall specify the purpose for which they are drawn and the person or corporation to whom they are payable.

3. It shall be unlawful for a city treasurer or other officer having the custody of city funds to permit the use of such funds for any purpose other than that for which they are lawfully authorized and such funds shall not be paid out except on audit of the board of education and the countersignature of the comptroller, and in a city having no comptroller by an officer designated by the officer or body having the general control of the financial affairs of such city. The board of education of such city shall make, in addition to such classification of its funds and accounts as it desires for its own use and information, such further classification of the funds under its management and control and of the disbursements thereof as the comptroller of the city, or the officer or body having the general control of the financial affairs of such city, shall require, and such board shall furnish such data in relation to such funds and their disbursements as the comptroller or such other financial officer or body of the city shall require. [Added by L. 1917, ch. 786, in effect June 8, 1917.]

§ 881. Continuation in office of boards, bureaus, teachers, principals and other employees, et cetera. Except as otherwise provided herein the boards, bureaus, teachers, principals, supervisors, superintendents, heads of departments, assistants to principals, examiners, supervisor of lectures, directors and all other officers and employees of the school system. or of boards of education of the several cities of the state, lawfully appointed or assigned before this act takes effect, shall continue to hold their respective positions for the term for which they were appointed or until removed as provided in subdivision three of section eight hundred and seventy-two of this article.

9

2. If a board of education abolishes an office or position and creates another office or position for the performance of duties similar to those performed in the office or position abolished, the person filling such office or position at the time of its abolishment shall be appointed to the office or position thus created without reduction in salary or increment, provided the record of such person has been one of faithful, competent service in the office or position he has filled.

3. If an office or position is abolished or if it is consolidated with another position without creating a new position, the person filling such position at the time of its abolishment or consolidation shall be placed upon a preferred eligible, list of candidates for appointment to a vacancy that may thereafter occur in an office or position similar to the one which such person filled without reduction in salary or increment, provided the record of such person has been one of faithful, competent service in the office or position he has filled. The names of such persons shall be placed upon such preferred list in the order in which their services have been thus discontinued. [Added by L. 1917, ch. 786, in effect June 8, 1917.]

EFFECT OF CITY SCHOOL LAW; REPEAL.

L. 1917, ch. 786, § 2. City school district.-Each city in which the school district boundaries are coterminous with the city boundaries is hereby declared to be a city school district. In a city in which the city boundaries and the school district boundaries are not coterminous the school district boundaries shall remain as they existed prior to the time this act takes effect and until such time as such school district boundaries may be changed as provided by law. In each city where the school district boundaries are not coterminous with the city boundaries the school district which contains the whole or the greater portion of the inhabitants of the city shall be the city school district of said city and shall be subject to the provisions of this act. § 3. Repeal of inconsistent provisions; effect of repeal.—All acts or parts of acts, general or special, inconsistent with the provisions of this act are hereby repealed. The repeal of the acts specified in the schedule hereto annexed, or of such inconsistent acts or parts of such acts, shall not affect any right existing or accrued or any liability incurred prior to the passage of this act, and all acts or parts of acts, general or special, not specifically repealed by this act and not inconsistent with the provisions of this act shall remain in full force and effect.

§ 4. Pending actions or proceedings; existing rules. The repeal of a law or any part of it specified in the annexed schedule and any provision of this act shall not affect pending actions or proceedings brought by or against the board of education of a city, or by or against a city, in respect to the public

schools thereof, under or in pursuance of any of the provisions of the laws hereby repealed, but the same may be prosecuted or defended in the same manner and for the same purpose by the board of education of the city under the provisions of this chapter as though such laws had not been repealed. The rules and regulations adopted by a board of education in pursuance of any law hereby repealed shall continue in full force and effect notwithstanding such repeal, until the same are modified, amended or repealed by the board of education as provided in this chapter. Nothing in this act shall affect titles to school property, but such property may be held either in the name of the city school district or of the board of education, as provided in this act or in any oiler act relating to titles to such property.

$ 5. Time of taking effect.— This act shall take effect immediately.

§ 6. Laws repealed. Of the laws enumerated in the schedule hereto annexed, that portion specified in the last column is hereby repealed. (Schedule of Laws Repealed is omitted.)

ARTICLE 34

Appeals or Petitions to Commissioner of Education

Section 890. Appeals or petitions to commissioner of education and other proceedings.

891. Powers of commissioner upon appeals *of petitions,

et cetera.

892. Filed papers and copies thereof.

§ 890. Appeals or petitions to commissioner of education and other proceedings. Any person conceiving himself aggrieved may appeal or petition to the commissioner of education who is hereby authorized and required to examine and decide the same; and the commissioner of education may also institute such proceedings as are authorized under this act and his decision in such appeals, petitions or proceedings shall be final and conclusive, and not subject to question or review in any place or court whatever. Such appeal or petition may be made in consequence of any action:

1. By any school district meeting;

2. By any school commissioner and other officers, in forming or altering, or refusing to form or alter, any school district, or in refusing to apportion any school moneys to any such district or part of a district;

* So in original.

3. By a supervisor in refusing to pay any such moneys to any such district;

4. By the trustees of any district in paying or refusing to pay any teacher, or in refusing to admit any scholar gratuitously into any school or on any other matter upon which they may or do officially act.

5. By any trustees of any school library concerning such library, or the books therein, or the use of such books;

6. By any district meeting in relation to the library or any other matter pertaining to the affairs of the district.

7. By any other official act or decision of any officer, school authorities, or meetings concerning any other matter under this chapter, or any other act pertaining to common schools. [Section renumbered by L. 1918, ch. 252.]

§ 891. Powers of commissioner upon appeals or petitions, et cetera. The commissioner, in reference to such appeals, petitions or proceedings, shall have power:

1. To regulate the practice therein.

2. To determine whether an appeal shall stay proceedings, and prescribe conditions upon which it shall or shall not so operate. 3. To decline to entertain or to dismiss an appeal, when it shall appear that the appellant has no interest in the matter appealed from, and that the matter is not a matter of public concern, and that the person injuriously affected by the act or decision appealed from is incompetent to appeal.

4. To make all orders, by directing the levying of taxes or otherwise, which may, in his judgment, be proper or necessary to give effect to his decision. [Section renumbered by L. 1918, ch. 252.]

§ 892. Filed papers and copies thereof. The commissioner shall file, arrange in the order of time, and keep in his office, so that they may be at all times accessible, all the proceedings on every appeal or petition to him under this article, including his decision and orders founded thereon; and copies of all such papers and proceedings, authenticated by him under his seal of office, shall be evidence equally with the originals. [Section renumbered by L. 1918, ch. 252.]