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public and free to all white children under sixteen years of age, residing therein; and the common council are required by law to direct and cause a suin, not exceeding ten thousand dollars, to be annually levied on the taxable property of the city, for the support of these schools; in addition to which they are authorized, by a vote of twothirds of the aldermen elected, to include in the general annual city tax, such sum as, in their opinion, with the public school moneys for the year, will be sufficient to support their school system, and to defray such of the expenses of the schools under their charge as may not be provided for by taxation in the respective districts, under the provision hereinafter specified. The moneys so to be raised, together with all moneys received from any source for school purposes, constitute a separate and distinct fund, incapable of diversion to any other purpose whatever. The common council are authorized, however, by a special provision of law, to expend such portion of the library money received from the state, as they may deem proper, "in binding and repairing the books in the city (school) library, in purchasing maps and other apparatus for the schools, and in supplying indigent scholars, in the schools under their charge, with the necessary common school books and other implements of learning."
The common council are also required to “provide and maintain one or more free schools in the city for the colored children thereof;" to "purchase one or more sites and erect thereon, furnish and maintain all buildings necessary for such schools," and from time time to raise all moneys necessary for these purposes by a general city tax.
They are also authorized and required, whenever it may be necessary so to do, to designate and purchase or lease in each school district, a site or sites for the schoolhouse or school-houses therein, and to fence and improve. the same, as to them shall seem suitable and proper; to build on such site or sites, or on any lot owned by such district, such school-house or school-houses and outhouses as shall to them appear suitable and sufficient for such district; to complete, improve, enlarge or repair any district school-house, from time to time, as they shall think proper, and to supply such school-houses, whenever
they deem it expedient, with such school apparatus, books, furniture and appendages as they may direct, and to prescribe the course and extent of the studies to be pursued therein ; to order from time to time, a tax to be levied on all the taxable property of any district, sufficient to pay all such sums as they may have expended, or deem necessary to be expended in that district, for the purpose above specified; to make out a tax roll or list of every
district tax ordered by them, within sixty days after such district tax shall be ordered, similar in form to the general assessment roll in said city, ascertaining the valuation of the property to be taxed as far as possible from the last assessment roll of said city-no person to be entitled to any reduction of the valuation of such property so ascertained, unless he shall give notice of his claim to such reduction to the City Superintendent of common schools, within ten days after the passage of the order to raise such tax; and when such valuation of taxable property cannot be ascertained from such assessment roll, the common council, or such Superintendent are to ascertain such valuation by the best means in their power, and such rolls, are to be delivered for collection either to the city collector or the collector of the district; to make such by-laws and ordinances as they may deem necessary for the prosperity and good order and government of the common schools, and the security and preservation of the schoolhouses and other property belonging to the school districts, and to prescribe the duties and powers of the Superintendent, and of the several district clerks, trustees and collectors, in all cases not provided for by the act; to require and take from the district collectors such security as they may deem adequate, and if such security be not given by any such collector, to remove him and appoint a successor; to authorize and require the Superintendent of common schools in said city to do any act, or to perform any duty, required of any trustee of a school district of said city, in case of any vacancy in the office of trustee, or of the neglect or refusal of such trustee to perform such duty; to divide the district schools in said city into primary and higher departments or otherwise, whenever they shall deem such division desirable, and to prescribe regulations for the transfer of scholars from one department to
the other, and also to direct the Superintendent to provide suitable and sufficient instruction for each of the said departments."
The City Superintendent is the executive officer of the common council to carry into effect its ordinances and the several provisions of law, applicable to the common schools; and to perform any duty in respect to such schools, which they may assign to him; and he is invested with all the powers and authority, and subject to all the duties and obligations of Town Superintendents in reference to the visitation and inspection of the city schools, and the licensing of teachers. He also has the care and custody of the several school-houses of the city; contracts with and employs all teachers ; under the direction of the common council, contracts for and superintends the building, enlarging, improving, furnishing and repairing of all the school-houses, ordered to be erected by them, and the making of all repairs and improvements on and around the same; and in all cases where no other special provision is made, supplies the place and performs the duties in respect to the several school districts of the city, of trustees of districts under the general statutes relating to common schools.
The inhabitants of the several districts possess the same powers, when legally assembled in district meeting, as is given by law to the inhabitants of the several school districts throughout the state, except that one trustee only can be elected for each district, and except that such meeting can neither designate the site for a school-house, lay a tax to purchase or lease the same, or to build, hire, or purchase a school-house for such district: and the clerk and collector of such districts possess the general powers and authority, and are subject to the same duties and obligations, as such officers in the several districts of the state. Notices of annual, special or adjourned district meetings, are given by publication once in each week for two successive weeks preceeding the time of holding such meeting in one of the city papers, and by affixing a copy of such notice on the outer door of the distric: school. house, and in three other public places in the district, at least ten days prior to such meeting. The annual meetings of the several districts are on the Monday preceding
the last Tuesday of December in each year. The City Superintendent is required to revise the proceedings of such meetings, and see that the proper records are made, provide a book for that purpose, open at all proper times to inspection and examination by him and by the common council.
Trustees are required to visit the schools at least once during each quarter, and to report their condition, with such suggestions for their improvement as they may deem proper to the common council.
The common council are required annually to publish in the city paper, a statement of the number of common schools in the city ; the number of pupils instructed therein during the preceding year; the several branches of education pursued, and the receipts and expenditures of each school ; specifying the sources of such receipts and the objects of such expenditure.
CITY OF HUDSON.
(Chap. 350, Laws of 1841.) The members of the common council of the city of Hudson are, by virtue of their office, commissioners of common schools in and for said city, and in common council are to perform all the duties of such commissioners, and possess all the rights, powers and authority, and are subject to all the duties and obligations of Commissioners of common schools [Town Superintendents) in the several towns of this state, and have power,
“1. To divide the city into school districts, of which there shall not be less than three, in the compact part of
the city :
"2. To designate, purchase or lease, or otherwise obtain, in each school district, a site or sites for a schoolhouse or school-houses therein, and shall fence or improve
the same in such a manner as to them shall appear suitable and proper :
* 3. To cause to be built or procured, in each district, such school-house or school-houses, and out-houses, as shall appear to them suitable and sufficient :
" 4. "To complete, improve, enlarge or repair any district school-house, from time to time, as they shall think proper; and they shall supply the district school-houses,
whenever they shall deem it expedient, with such school apparatus, books, furniture and appendages as they may think necessary:
“ 5. To appoint, in the manner provided by them for the appointment of other officers in said city, three persons to be denominate 1 a board of Superintendents; of these three persons the one first chosen shall continue in office for three years ; the one next appointed shall continue in office for two years, and the one last appointed shall continue in office for one year.
“6. To make such by-laws and ordinances as may be, in their opinion, necessary for the prosperity and good order, and efficient government of the common schools, and the security and the preservation of the school-houses, and other property belonging to the school districts; and to prescribe the duties and powers of the board of superintendents in all cases not provided for by this act.
“7. To require and take from the Superintendents and collectors such security as they shall deem expedient, and if such security is not given by any Superintendent or collector, the said common council may declare his office forfeited and appoint another Superintendent or collector in his place.
“8. To supply a vacancy produced in the board of superintendents, from any cause; the person appointed to fill such vacancy shall continue in office during the unexpired remainder of the term for which his predecessor was chosen, and no longer, unless re-appointed.
“9. To divide the district schools in said city into primary and higher departments, or otherwise, whenever they shall deem such division desirable; and to prescribe regulations for the transfer of scholars from one department to another, and they shall direct the board of superintendents to provide a sufficient number of suitable instructors for each of these departments.'
The clerk of said city, by right of office, is the clerk of the mayor and aldermen thereof when acting as commissioners of common schools, and he, as such clerk, is required to perform all the duties in reference to said city, that the town clerks in the several towns in this state perform as clerks of Town Superintendents and is subject to the same penalties for the neglect thereof.