tified 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 returned 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 accommodation 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 authorized 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 the board are authorized to prescribe the form and manner of proceeding in respect to such appeal.

CITY OF UTICA.

[Chap. 137, Laws of 1842. Chap. 131, Laws of 1844.]

The several common schools of this city are under the general supervision of a board of commissioners, six in number, two of whom are annually elected, and hold their offices for three years; any vacancy occurring in the board to be filled by appointment by the common council, for the unexpired term; and the common council possessing the power of removal for official misconduct, by a vote of two-thirds of the members.

The common council are required from time to time to raise by taxation on the taxable property of the city in addition to the amount of school money now or hereafter apportioned or provided by law for common schools in said

city, such sums as the board of commissioners shall certify to be necessary and proper "to purchase, lease or improve sites for school-houses: to build, purchase, lease, enlarge, alter, improve and repair school-houses and their out-houses and appurtenances; to purchase, exchange, improve and repair school apparatus, books, furniture and appendages; and to procure fuel and defray the contingent expenses of the common schools, the expenses of the district library of said city, and the contingent expenses of said board of commissioners, including the salary of the clerk of said board, and to meet any deficiency which shall occur in the payment of the wages of teachers of the said schools, after applying to the payment thereof the school moneys apportioned and provided in said city, and the tuition fees which shall be collected as hereinafter provided," provided such tax be not laid oftener than once in each year, and that the whole amount to be raised shall not in any one year exceed three thousand dollars. All moneys to be raised and all school moneys appropriated by law for the city are to be paid over to the city treasurer, and disbursed by him, on the order of the board of commissioners, duly certified by their chairman and clerk.

The board of commissioners are authorized and required.

"1. To establish and organize such and so many common schools in said city (including the common and free schools now existing therein) as they shall deem requisite and expedient, and to alter and discontinue the same:

"2. To purchase or hire school-houses, and to fence. and improve them as they deem proper:

"3. Upon such lots or sites, and upon any sites now owned by said city, to build, enlarge, alter, improve and repair school-houses, out-houses and appurtenances, as they may deem advisable :

"4. To purchase, exchange, improve and repair school apparatus, books, furniture and appendages, and to provide fuel for the schools, and defray their contingent expenses and the expenses of the district library :

"5. To have the custody and safe-keeping of the schoolhouses, out-houses, apparatus, books, furniture and appen

dages, and to see that the ordinances of the common council in relation thereto be observed:

"6. To contract with and employ all teachers in the common schools, and at their pleasure to remove them:

7. To pay the wages of such teachers out of the school moneys which shall be appropriated and provided in the said city, so far as the same shall be sufficient, and the residue thereof from the tuition fees they shall be authorized to collect and receive as herein provided. And in case the said school moneys and tuition fees shall be insufficient to pay such wages, then to pay the deficiency out of the moneys to be raised by the common council of said city, as above mentioned.

"8. To fix the rate of tuition fees in said schools, at a sum not exceeding two dollars per term, which shall be a period not less than eleven weeks, and to designate a person or persons, to whom the same may be paid, previous to the issuing a warrant for the collection thereof; and to exempt from the payment of the whole or any part of the tuition fees, such persons as they may deem entitled to such exemption, for indigence, or any other sufficient cause, and cause a list of the persons so exempted, with the extent of their exemption, to be kept by the clerk of the board:

"9. To defray the necessary contingencies of the board, including an annual salary to the clerk, which shall not exceed one hundred dollars, provided that the account of such expenses shall first be audited and allowed by the common council:

"10. After the end of each school term to make out a rate-bill, containing the name of each person liable to pay tuition fees, who shall not have paid them prior to the making out of such rate-bill, to the person or persons designated by the board for that purpose, and the amount for which such person is liable, adding thereto a sum not exceeding five cents on each dollar of the sum due for collectors' fees, and to annex to such rate-bill a warrant for the collection thereof.

"11. To deliver such rate-bill, with the warrant annexed, to one of the collectors of taxes of said city, who shall execute the same, in like manner, and with like effect with the other warrants for the collection of taxes

placed in his hands, or in their discretion to deliver the same to a collector, to be appointed by said board of commissioners, who shall, if required by said board, execute to said commissioners, in their corporate capacity, a bond, with one or more sureties, to be approved by said commissioners, or a majority of them, which bond, as to its penalty and conditions, shall be the same as is by law required to be executed by the collectors of school districts; and the said board of commissioners shall have the same power and authority in regard to said bond and the collection thereof, as the trustees of school districts have by law in regard to the bonds given by collectors of school districts; and the said collector shall have the same power in the execution of said warrant, that the collectors of taxes of said city have by virtue of this act."

"12. To have in all respects the superintendence, supervision and management of the common schools in said city; and from time to time to adopt, alter, modify and repeal, as they may deem expedient, rules and regulations for their organization, government and instruction, for the reception of pupils, and their transfer from one school to another, and generally, for the promotion of their good order, prosperity and public utility:

"13. Whenever in the opinion of the board it may be advisable to sell any of the school-houses, lots or sites, or any of the school property now or hereafter belonging to the city, to report the same to the common council:

"14. To prepare and report to the common council such ordinances and regulations as may be necessary or proper for the protection, safe-keeping, care and preservation of school-houses, lots, sites and appurtenances, and all the property belonging to the city, connected with, or appertaining to the schools, and to suggest proper penalties for the violation of such ordinances and regulations; and annually to determine and certify to the said common council, the sums in their opinion necessary or proper to be raised for the purchase, lease or improvement of sites for school-houses, the building, purchase, lease, enlargement, alteration, improvement and repair of school-houses and their out-houses and appurtenances, the purchase, exchange, improvement and repair of school apparatus, books, furniture and appendages, the procurement of fuel,