assembled at any district meeting, to lay a tax on the district not exceeding twenty dollars for the first year, for the purchase of a district library, consisting of such books as they shall in their district meeting direct, and such further sum as they may deem necessary for the purchase of a book case. The intention to propose such tax, shall be stated in the notice required to be given for such meeting.

No. 176-19 2.] The taxable inhabitants of each school district shall also have power, when so assembled in any subsequent year, to lay a tax not exceeding ten dollars in any one year, for the purpose of making additions to the district library.

No. 177-[ 3.) The clerk of the district, or such other person as the taxable inhabitants may at their annual meeting designate and appoint by a majority of votes, shall be the librarian of the district, and shall have the care and custody of the library, under such regulations as the inhabitants may adopt for his government.

of the state; which regulations shall be obligatory upon all persons and officers having charge of such libraries, or using or possessing any of the books thereof. Such fines may be recovered in an action of debt, in the name of the trustees of any such library, of the person on whom they are imposed, except such person be a minor; in which case they may be recovered of the parent or guardian of such minor, unless notice in writing shall have been given by such parent or guardian to the trustees of such library, that they will not be responsible for any books deliverd such minor. And persons with whom minors reside shall be liable in the same manner, and to the same extent, in cases where the parent of such minor does not reside in the district No 183-[§ 4.] Any person conceiving himself ag grieved by any act or decision of any trustees of school districts, concerning district school libraries, or the books therein, or the use of such books, or of any librarian, or of any district meeting in relation to their school library, may appeal to the county superintend ded by law in relation to common schools.

No. 178- 4.] The taxes authorized by this act to be raised, shall be assessed and collected in the same man-ent of common schools, in the same manner as proviner as a tax for building a school-house (1)

No. 179-14.] The sum of fifty-five thousand dollars shall at the same time be annually distributed to the support of common schools, in like manner and upon the like conditions as the school moneys are now or shall hereafter be distributed, except that the trustees of the several districts shall appropriate the sum received as hereinafter directed.

No. 179 (a)- 16. The moneys directed to be distributed to the several school districts of this state, by the fourth section of chapter two hundred and thirty-seven of the laws of eighteen hundred and thirty-eight, shall continue to be applied to the purchase of books for a district library until otherwise directed by law; but whenever the number of volumes in the district library of any district numbering over fifty children between the ages of five and sixteen years, shall exceed one hundred and twenty-five; or of any district numbering fifty children or less, between the said ages, shall exceed one hundred volumes, the inhabitants of the district qualified to vote therein, may, at a special meeting duly notified for that purpose, by a majority of votes, appropriate the whole, or any part of library money belonging to the district for the current year, to the purchase of maps, globes, black-boards, or other scientific apparatus, for the use of the school.

No. 184-[ 5.] The legal voters in any two or more adjoining districts may, in such cases as shall be ap proved by the superintendent of common schools, unite their library moneys and funds as they shall be received or collected, and purchase a joint library for the use of the inhabitants of such districts, which shall be selected by the trustees thereof, or by such persons as they shall designate, and shall be under the charge of a librarian to be appointed by them; and the foregoing provisions of this act shall be applicable to the said joint libraries, except that the property in them shall be deemed to be vested in all the trustees for the time being of the districts so united. And in case any such district shall desire to divide such library, such division shall be made by the trustees of the two districts whose libraries are so united, and in case they cannot agree, then such division shall be made by three disinterested persons to be appointed by the superintendent of common schools. (1)

No. 185-[6] Where by reason of non-compliance with the conditions, prescribed by law, the library money shall be withheld from any school district, the same may be distributed among other districts complying with such conditions, or may be retained and paid subsequently, to the district from which the same was withheld, as shall be directed by the superintendent of common schools, according to the circumstances of the case.(1)

No. 180-[ 1.] The trustees of every school district shall be trustees of the library of such district; and the property of all books therein, and of the case and other appurtenances thereof, shall be deemed to be vested in No. 186-[7.] The superintendent of common schools, such trustees, so as to enable them to maintain any ac- whenever requested by the trustees of a school district tion in relation to the same. It s their duty to under the directions of the legal voters of such district, preserve such books and keep them in repair; and the may select a library for their use, and cause the same expenses incurred for that purpose may be included in to be delivered to the clerk of the county in which such any tax list to be made out by them as trustees of a dis- district is situated, at its expense. He shall transmit trict, and added to any tax voted by a district meeting, a sufficient number of copies of this act, to supply each and shall be collected and paid over in the same man- school district in the state, with forms and instructions ner. The librarian of any district library shall be sub- for its execution, to the clerks of the respective counject to the directions of the trustees thereof, in all mat-ties, who shall forward the number directed to each ters relating to the preservation of the books and appur- school district in his county to the clerk thereof.(1) tenances of the library, and may be removed from office COUNTY MAPS. by them for wilful disobedience of such directions, or for any wilful neglect of duty; and whenever they shall have reason to apprehend the loss of any such books, or their injury, or destruction by his misconduct; and whenever a vacancy shall exist in the office of librarian, the same shall be supplied by the trustees until the next annual meeting of the inhabitants of the district.

No. 181-[2] Trustees of school districts shall be liable to their successors for any neglect or omission, in relation to the care and superintendence of district libraries, by which any books therein are lost or injured, to the full amount of such loss or injury in an action on the case, to be brought by such successors in their name of office.

No. 187-42.] The superintendent may procure and furnish to each school district in the state, one copy of and where a district consists of parts of two or more a map of the county in which such district is located, counties, then a map of the county in which the school house in such district is situated, the same to be neatly varnished and mounted on rollers, and to contain a tistics of the county, with a statement of the popula brief summary of the geological and topographical sta tion of the several towns according to the last national census. The entire expense of such maps when delivered to the several districts, shall not exceed on the average eighty-eight cents to each district; and the No. 182-[3] A set of general regulations respect- accounts of the superintendent therefor, shall be paid ing the preservation of school district libraries, the de-appropriated by the act of the 17th April, 1838, for the on the warrant of the comptroller out of the moneys livery of them by librarians and trustees to their suc- purchase of district libraries; and the sums so paid cessors in office, the use of them by the inhabitants of shall be withheld from distribution, to the treasurers the district, the number of volumes to be taken by any of the several counties by the Comptroller.(2) one person at any one time or during any term, the pe riods of their return, the fines and penalties that may imposed by the trustees of such libraries for not return ing, losing or destroying any of the books therein, or for soiling, defacing or injuring them, may be framed by the superintendent of common schools, and printed copies thereof shall be furnished to each school district

(1) Laws of 1835, chap. 80.

(4) Laws of 1943, chap 133, § 16.

No. 187 (a) 19. All other such provisions of law as are repugnant to, or inconsistent with, the provisions of this act, are hereby repealed; but nothing in this fect any of the local provisions respecting the organiact contained shall be so construed as to impair or af zation and management of schools in any of the incorporated cities or villages or towns of this state.

(1) Laws of 1839, ch. 177.) (2) Ib. 1941, ch. 260, § 42. (a) Laws of 1843, chap. 133, 19

INSTRUCTIONS

Concerning the Duties of the various County, Town and District Officers, and of the Inhabitants of Districts, under the Laws relating to Common Schools.

BOARD OF SUPERVISORS.

these officers must necessarily exercise upon the various interests connected with the common schools, will, It is their duty as a board, to add to the sums of doubtless, induce corresponding caution and deliberamoney to be raised in each town for other purposes, a tion on the part of the respective boards of supervisors, sum equal to that which shall have been apportioned to such town, by the Superintendent. See No. 19, of Laws. of qualification should be required; and all other conin making these appointments. The highest standard For a neglect of this duty, in addition to other responsiderations than those appertaining to the permanent sibilities, they are liable individually to a penalty of $250. 16, Title 2, Chap. 12, Part 1, Revised Sta

tutes.

It is understood that in some counties this duty is not performed by the board, but that the clerk, or each supervisor for his town, adds to the assessment roll the requisite sums. This practice is entirely unauthorized, and may occasion serious questions respecting the legality of the assessment. There should be a formal resolution entered on the minutes, in a form similar to the following.

welfare and prosperity of the schools should be disregarded. Such superintendents are to hold their office pervisors, on complaint, for causes to be stated. They for two years, subject to removal by the board of suare to be allowed two dollars for each day necessarily spent in the discharge of their duties; the whole amount of compensation not to exceed five hundred dollars for each deputy superintendent; and the amount is to be audited and certified by the board.

They are also subject to removal from office by the Resolved, That there be raised, levied and collected Superintendent of common schools, "whenever in his on the several towns of this county, the sums follow-judgment sufficient cause for such removal exists; and ing, set opposite to the name of each town, for the support of common schools therein, during the ensuing year; the said sums being equal to those apportioned to the said towns respectively, by the Superintendent

of common schools, from the income of the common school fund, and the means provided for that purpose; and that the said sums be added to the amounts directed to be raised on such towns for other purposes, and be included in their respective assessment rolls.

In counties where a larger sum is directed by law to be raised upon certain cities, as upon Albany, Brooklyn, Buffalo, Rochester, &c. the resolution will be varied accordingly, by adding " and that there be raised, levied and collected on the city of for the same purpose, the sum of in pursuance of the several statutes of the Legislature," ["and in conformity to the resolutions of the common council of said city," in cases where such resolutions are required.] Where the electors of any town at their annual meeting have voted to raise a sum of money on their town for the support of common schools, under the third subdivision of original section five, [§ 6 in the second edition] of Title 2, Chap. 11, Part first of the Revised Statutes, it is important that this sum should be kept distinct from that directed to be raised by the board of supervisors under original section 17, of the revised school act, No. 19 of Laws. Otherwise it will not appear whether the county has raised the sum required by law. It is recommended, therefore, that the resolutions of the board of supervisors, directing the raising of the school money voted by a town, be entered separately from that directing the levying of the amount required by law to be raised on such town; and that their warrant to the collector specify the sum voted by the town separately as having been so voted, and direct it to be paid to the commissioners of common schools of

the town.

By 24 and 26, of the act of 1941, (No. 112 and 114,) the board of supervisors are directed to cause the amount of unpaid taxes on non-resident, unimproved and unoccupied lands, returned to the trustees of the several school districts, and advanced by the county treasurer, together with seven per cent in addition thereto, to be levied upon the lands of non-residents, liable to pay the same, and the same proceedings in all respects, are to be had for the collection of the amount so directed to be raised, as are provided by law in relation to county taxes.

By 36 of the act of 1941, (No. 71,) in connection with 4, of the act of 1843, the Board of Supervisors of each county are required to appoint a county superintendent of common schools; and in those counties where there are more than one hundred and fifty school districts, they are authorized to appoint two; in which case they are to divide the county into two convenient districts, designating the person appointed for each district respectively." No share of the public money can, without the express order of the superintendent of common schools, be apportioned to any county in which no county superintendent shall have been appointed under these provisions.

The importance of the duties confided by law to the county superintendents, and the great influence which

the vacancy thereby occasioned, shall be supplied by appointment under his hand and official seal until the next meeting of the board of supervisors of the county in which such vacancy exists. A copy of the order making such removal, specifying the causes thereof, shall be forwarded to the clerk of the board of supervisors, to be by him laid before the board at their first meeting."

CLERKS OF BOARDS OF SUPERVISORS. By No. 23 of the Laws respecting common schools, they are to transmit on the last day of December in each year, copies of the resolutions and proceedings of their boards respecting the raising of money for library or school purposes; and particularly the amount directed to be raised in each town. An omission to furnish the evidence of a full compliance with the law may subject a county to serious loss. The resolutions and proceedings referred to will all have been passed before the first day of December in each year, so that there can be no excuse for a neglect to transmit the required copies before the last day of that month.

By 36 of the act of 1841, (No. 171,) they are also required to forward to the Superintendent a certified copy of every resolution of the board, appointing superintendents for their county.

SUPERVISORS OF TOWNS.

By No. 166 of the Laws, they are to sue for and collect the penalty of ten dollars imposed by that section upon town superintendents and clerks of school districts, for refusing or wilfully neglecting to make any report, or to perform any other duty required by law or by regulations or decisions made under the authority of any statute. The "regulations" referred to are those which the Superintendent is authorized to prescribe by (No. 11); also those which by chap. 241 of Laws of 1837, he may prescribe for the purpose of obtaining information from trustees of school districts and commissioners of common schools, on any subject relating to schools, which he may require (No. 36); and those also, which by the act respecting schoo! district libra ries," passed April 15, 1939, he may make respecting the preservation and use of the books. (No. 182.) The decisions referred to, are those which the Superintendent is authorized to make, on appeal to him, under section 124, of the Title of the Revised Statutes, concerning common schools, concerning any matter under the said Title, (No. 160 and 161,) and also those which the same officer is authorized to make on appeal, under the 4th section of the "act respecting school district libraries. (No. 183.)

The success of the schools and of the libraries will depend much on the faithful discharge of the duty thus imposed on supervisors. While it is not to be presumed that they will seek slight and trivial occasions to commence prosecutions, it is at the same time expectted, that they will not suffer any instance of wilful neglect or perverse refusal to perform any duty enjoined by law, or by the regulations or decisions of the Superintendent, to pass without applying the remedy. This is peculiarly a case, where lenity to an offender is injustice to the dearest interests of the public. Officers charged with the sacred trust of superintending the ed

acation of the children of the republic-so soon to be To the Treasurer of the State of New-York: come citizens-and of diffusing knowledge, by means Pay to the order of James Jones, the sum of five thou* of the district libraries, ought to make up their minds sand seven hundred and five dollars eighty-eight cents, faithfully to discharge the obligations they have taken being the amount of school moneys apportioned to the upon themselves, or resign their trusts A single ex-county of Orange by the Superintendent of Common ample in a flagrant case, will not only prevent future Schools, to be paid on the 1st day of February, 1840. disobedience, but will tend most effectually to remove day of February, 1840. the causes of contentions and disturbance, which de Samuel Chase, County Treasurer stroy the peace and harmony of a district, and termiof the County of Orange. nate in breaking up its school.

By 16 of the school act, (No. 18,) the county clerk is required to transmit a certified copy of any notice of apportionment of school moneys which he may receive from the Superintendent, to the county treasurer, and clerk of the board of supervisors of his county. It is of the utmost importance that this duty should be promptly and faithfully performed; as otherwise, the board of supervisors will be ignorant of the necessary amount of school money to be raised on their county: and it may become necessary either to call a special meeting of the board for this purpose or to withhold the whole or a portion of the public money from distri-in person he must endorse it to the individual who is to

perintendent and his associates, that too much care cannot be taken to insure their regular entry by the town clerk in his book of minutes. Their resolutions are valid, although not recorded, and thus the legality of proceedings by trustees and inhabitants of school districts may be affected without their knowledge. It is therefore earnestly recommended to these officers to require from the town clerk the performance of the duty enjoined on him by law, of attending all their meetings; and in no case to adjourn without personally examining the minutes of their proceedings as entered in the book kept for that purpose. In no other way can their preservation be secured, or their accuracy in

sured.

3. Form of Notice to Trustees not giving their consent to an alteration of their District.

The Trustees of District No. 1, in the town of Trenby the town superintendent of common schools of the ton will take notice, that an order was made this day said town, of which the following is a copy, by which certain alterations in the said district are made as will take effect after three months from the service of this appear by the said order; and that such alterations will notice. Dated, &c.

I. Proceedings in the formation or altera- of the service by the trustee receiving the notice, en

tion of school districts.

As it is presumed that the present arrangement of school districts comprises all the territory of the State, required to be thus organized, the future formation of districts will necessarily interfere with those already existing; and consequently the provisions of law relating to the alterations of districts will be applicable to such proceedings.

G. H., Town Superintendent of Common Schools of the town of Trenton. [Here insert copy of order of town superintendent.] This notice may be served on any one of the trustees; and it will be found useful to have an acknowledgment dorsed on a copy of it, and filed with the town clerk. 4. Notice of the First Meeting in a District, to organize. This is required by law to be given within twenty days after the formation of any district. If the consent of the trustees of the districts interested has been given to the alterations covered by the order, then the notice should be for a day as early as may allow sufficient time for general information. But if it be necessary to give notice of the alteration to the trustees of any disIn exercising the discretion vested in them on this sub-fy a day subsequent to the expiration of three months trict, then the notice for the first meeting should speciject, it is recommended to the town superintendents to after service of the notice of alteration, because the disascertain and consult, as far as possible, the opinions trict cannot organize until after that time. and wishes of the inhabitants of the districts interested. The success of the system depends so much upon the The notice may be in the following form: hearty concurrence of the people, that it is often better -, a taxable inhabitant of District No. 23, to yield an abstract rule, in order to produce unanimi- in the town of Trenton. ty, than by a rigid adherence to what may be in itself The town superintendent of common schools of the proper, produce discord and dissension. The good sense town of Trenton, having by an order, of which the folof a district may be relied upon, to perceive ultimately lowing is a copy, formed a new district in the said town, its true interest, and the loss of time in attaining the to be numbered 23, consisting of the territory particu desired end, is unimportant when compared with the larly specified in the said order; you are hereby requir consequences of defeating the wishes of a decided ma-ed to notify every inhabitant of the said district qualifijority in a district These remarks of course are not ed to vote at district meetings, to attend the first disapplicable to those clear and manifest cases where great trict meeting of the said district, which is hereby apprinciples are involved, or where the vital interests of a pointed to be held at the house of district may be endangered by measures which although town, on the day of next, at 6 o'clock in the temporarily popular, are sure to be ultimately regret-afternoon, by reading this notice in the hearing of each ied. such inhabitant, or in case of his absence from home, by leaving a copy of this notice, or of so much thereof as relates to the time and place of such meeting, at least six days before the said time so appointed for the said meeting. Dated, &c.

1. Form of a resolution creating a New District. At a meeting, &c.

Resolved, That a new school district be formed to consist of [the present Districts No. 1 and No. 2; or the present District No. 1 and a part of District No. 2; or parts of Districts No. 1 and No. 2, as the case may be,] which said new district shall be numbered [23,] and shall be bounded as follows: [on the north by the north line of the town of Trenton: on the east by the easterly line of the farms and lots of land now occupied by Thomas Jones, William Thomas, &c.; on the south by the south line of lots No. 56, 57 and 59, as designated on the map of said town; and on the west by the westerly line of the farms and lots now occupied by A, B, C, D, &c.]

The formation of the aforesaid district, involving an alteration of District No. [1 and No. 2,] the consent of the Trustees of the said districts to such alteration has been presented to the town superintendent, and filed with the town clerk. [Or, if such consent has not been given, the following entry should be made: The formation of the aforesaid district, involving an alteration of Districts No. 1 and 2, and the consent of the Trustees of District No. 1 to such alteration not having been given, it is ordered that a notice in writing of the said alteration, signed by the town superintendent be served on one of the Trustees of the said district, by the Clerk of the town superintendent.]

2. The consent of the trustees of the altered district may be given by endorsing it on a copy of the order, as follows:

Trustees of District
No. 1.

We hereby consent to the alterations made in District No. 1, in the town of Trenton, by the order of which the within is a copy. Dated, &c. A. B. C. D. E F. This consent, like all other acts of trustees, should be given at a meeting of the whole, or of a majority, when all have been notified to attend. The statute does not require it to be in writing; but it is advisable to prevent disputes, that a written consent should be filed with the town clerk,

To

in the said

A. B., Town Superintendent of Common
Schools of the town of Trenton.

A copy of the order forming the district should be annexed to this notice, as the most convenient mode of describing the district, and most likely to prevent errors.

The inhabitant serving the notice should keep a memorandum of the names of the persons notified by him, specifying the manner of notifying, whether by reading or leaving a copy, or the substance of the notice, at the place of abode of any absent voter; and this memorandum, certified by him, should be delivered to the chairman or clerk of the district meeting and read, that it may be ascertained whether notice has been duly given so as to justify the voters in proceeding to the transaction of business; and the original notice and return should be filed with the district clerk, as evidence of the regularity of the organization. 5. If either of the districts from which a new one is formed, is possessed of a school-house, or entitled to any other property, as the inhabitants attached to the new district ought to participate in what has been thus acquired by their contribution, the town superintendent is required, by sections 67 and 68 of the Revised Stadue to such new district, on account of such property. tutes, (Nos, 92 and 93,) to ascertain the amount justly It will be seen that the statute contemplates the indebtedness as being in all cases to the new district, and ne ver from it: and this must necessarily be the case. For if a school-house should happen to fall within the bounds of the new district, still it belongs to the district by which it was erected, and is to be sold by its trustees. See No. 88, (sec. 4, chap. 308, laws of 1935.) The books in the district library, and all other personal is no authority for making any partition among the disproperty, are to be appraised in like manner, as there tricts.

Having ascertained the value of the common property, the debts owing by the old district are to be deducted; and of the balance remaining, the portion be longing to each district is to be determined according